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it means to take two cases in this way at the same time? we know from the aca decision that justice roberts cares deeply about his legacy and the legacy of the court. how do we read that into this discussion? is he going to want to be part of a decision stripping rights away from people, and then he looks into the future and he's in a case like people look back and say he was the chief justice when they took rights away from millions of americans. >> reporter: we can read nothing into any specific justice's thinking about the fact they took up the defense of marriage act. that was a foregone conclusion. whenever you have federal courts that happened here, striking down an account of congress saying it's unconstitutional, the fact the supreme court would agree to hear the case was a given. the surprise here is they've agreed to take the prop 8 case from california because i think it's believed among some folks following this case that look at it this way. if you're conservative members of the court and you believe this is wrongly decided -- remember the appeals court decision below said prop
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